[Federal Register Volume 62, Number 132 (Thursday, July 10, 1997)]
[Proposed Rules]
[Pages 37007-37008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18093]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI53-03-7301; FRL-5855-9]


Public Hearing and Comment Period on the Proposed Redesignation 
of the Forest County Potawatomi Community to a PSD Class I area; State 
of Wisconsin

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Environmental Protection Agency (EPA) under its Prevention 
of Significant Deterioration (PSD) Program proposed to redesignate a 
portion of the Forest County Potawatomi (FCP) Community's lands to 
Class I for PSD purposes on June 29, 1995, (60 FR 33779). EPA is now 
holding two informational meetings and public hearings on the FCP 
redesignation request, and is establishing a new close of the public 
comment period on its proposed approval of the FCP's redesignation 
request.

DATES: A general informational meeting and public hearing on the 
redesignation will be held in Carter, Wisconsin, starting at 4:00 pm 
CDT on August 12, 1997. The second meeting and public hearing will be 
held in Rhinelander, Wisconsin, starting at 1:00 pm CDT on August 13, 
1997.
    All written comments on the FCP redesignation must be received by 
September 15, 1997 to be considered by EPA in making its final decision 
on the redesignation request.

ADDRESSES: The August 12, 1997 meeting and public hearing will be held 
at the Indian Springs Lodge on Highway 32 in Carter, Wisconsin, and the 
August 13, 1997, meeting and public hearing will be held at the Holiday 
Inn Rhinelander, 668 West Kemp Street, Highway 8 and 47, Rhinelander, 
Wisconsin.
    All written comments on this redesignation request and proposed 
approval should be addressed to: Carlton Nash, Chief, Regulation 
Development Section, EPA (AR-18J), 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Additional information used in developing the proposal is available 
during normal business hours for public inspection and copying at the 
Air Programs Branch, Region 5, EPA (AR-18J), 77 West Jackson Boulevard, 
Chicago, Illinois 60604. A copy of these documents is also available 
for inspection at the Crandon Public Library, 104 South Lake Avenue, 
Crandon, Wisconsin 54520-1458, (715) 478-3784.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras, EPA Region 5 
(AR-18J), 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
886-0671.

SUPPLEMENTARY INFORMATION: The EPA under its PSD Program (Part C of the 
Clean Air Act) proposed to redesignate a portion of the FCP Community's 
lands to Class I for PSD purposes in the June 29, 1995, Federal 
Register (60 FR 33779). The intent of the PSD program is to prevent 
deterioration of existing air quality. The Act provides for three basic 
classifications, with Class I being the designation which allows the 
least amount of degradation. States and Indian governing bodies may 
request reclassification of areas under their jurisdiction to 
accommodate the social, economic, and environmental needs and desires 
of the local population.
    On February 14, 1995 the FCP Tribal Council submitted to EPA a 
proposal to redesignate certain FCP Reservation lands from Class II to 
Class I. These lands are limited to parcels over 80 acres, only in 
Forest County, and held in trust for the Tribe by the Federal 
government. EPA evaluated the FCP request in relationship to the 
requirements of the Act and proposed for public comment to approve it. 
EPA scheduled in its June 29, 1995 proposal a public hearing and 
established a public comment period. Based on a request by the 
Governors of Wisconsin and Michigan to enter into negotiations on the 
proposed redesignation, EPA subsequently canceled the public hearing 
and left open the public comment period until further notice (60 FR 
40139).
    EPA is now scheduling two informational meetings on Class I PSD 
redesignations in general, each immediately followed by a public 
hearing on the FCP redesignation request in particular. The first 
meeting and public hearing will be held at the Indian Springs Lodge on 
Highway 32 in Carter, Wisconsin, starting at 4:00 pm CDT, on August 12, 
1997; and the second meeting and public hearing will be held at the 
Holiday Inn Rhinelander, 668 West Kemp Street, Highway 8 and 47, 
Rhinelander Wisconsin, starting at 1:00 pm CDT on August 13, 1997.
    EPA is also establishing a new close of the pubic comment period. 
All written comments on the proposed FCP redesignation must now be 
received by September 15, 1997 to be considered by EPA in making its 
final decision on the redesignation request. For additional information 
on the EPA's proposed approval of the FCP redesignation request, please 
see EPA's proposal in the June 29, 1995 Federal Register and/or the 
additional material available at both the Region 5 offices and the 
Crandon Public Library.

Administrative Review

    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from Executive Order 12866 review.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for a PSD 
Class I redesignation. Each request for redesignation shall be 
considered separately and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et seq., 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities. 5 U.S.C. sections 603 
and 604. Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000. The proposed action does not have a significant direct impact 
on small entities and may only prospectively affect the amount of air 
quality deterioration that is allowed from major stationary sources and 
major modifications, as defined by 40 CFR 52.21, and will not result in 
any significant additional requirements for small entities. Therefore, 
I certify that this action does not have a significant impact on a 
substantial number of small entities.

[[Page 37008]]

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995, 
the EPA must undertake various actions in association with proposed or 
final rules that include a Federal mandate that may result in estimated 
costs of $100 million or more to the private sector, or to State, 
local, or Tribal governments in the aggregate.
    Through submission of the request for redesignation, the Tribal 
government has elected to adopt an option allowed them under Section 
164 of the Act. The redesignation being proposed for approval in this 
action may bind State, local, and Tribal governments to perform certain 
actions and also may ultimately lead to the private sector being 
required to perform certain duties. However, EPA has also determined 
that this action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or Tribal 
governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Authority: 42 U.S.C. 7401-7671q.

    Date: June 30, 1997.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 97-18093 Filed 7-9-97; 8:45 am]
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